NELLORE TOWN CYCLE RICKSHAW TRANSPORT ASSOCIATION NELLORE Vs. COMMISSIONER OF HACKNEY CARRIAGES DEPUTY SUPERINTENDENT OF POLICE NELLORE

JUDGEMENT

(1.) The petitioners who are twenty-one in number, own and ply rickshaws in Nellore and Kovur towns and they are members of the Nellore Town Cycle Rickshaw Transport Association, Nellore. The plying of rickshaws is governed by the Andhra Pradesh (Andhra Area) Hackney Carriage Act (V of 1911) hereinafter called the Act. Section 50 of the Act contemplated the framing of by-laws by the Commissioner of Hackney carriages subject to the approval of the State Government and after previous publication. The Deputy Superintendent of Police, Nellore, is the Commissioner for Nellore town under the said Act. In 1956, the Inspector-General of Police proposed that the by-laws approved by the State Government for Adoni Town should be adopted as model by-laws for all the Towns in the State. Pursuant to the aforesaid proposal by-laws were framed and by-law No.10 provides that ''Not more than one person should be carried in a rickshaw in addition to one maund of luggage". The rickshaw owners of Nellore town had their rickshaws constructed to seat one person and they were duly licensed and plying in Nellore town.

(2.) In 1959, the State Government passed G.O.Ms.No.321 Home (General) Department, dated 7th February, 1959, purporting to amend by-law 10, by substituting the word "two", for "one". But it appears that no amendment to the bylaws was issued by the Commissioner of Hackney Carriages, Nellore town, and single seater rickshaws continued to be licensed and plied in Nellore. Though certain queries were made in 1962, as to why Nellore did not switch over to two seater rickshaws, no further action was taken in the matter. It appears that recently the Deputy Superintendent of Police, Nellore who is the Commissioner, sent a Communication, dated 26th February, 1968, requireing all the rickshaws to be remodelled to have the capacity to carry two persons and this action was apparently taken on the basis of G.O.Ms. No. 321, dated 7th February, 1959. When representations were made to the Commissioner that it would cause undue hardship to the owners of single seater rickshaws, the Deputy Superintendent of Police issued a revised order directing that one fourth of the total number of rickshaws already licensed and plying in Nellore town, should be remodelled and time was given till the end of April, 1968, for such remodelling. A further notice was issued on nth April, 1968, requiring all the rickshaw owners to produce their vehicles for Inspection on 21st April, 1968. It is at that stage that the petitioners have approached this Court and filed the writ petition on 18th April, 1968, seeking the issue of a writ of certiorari and for quashing the order of the Government in G.O.Ms. No. 321 Home (General-A) Department dated 7th February, 1959.

(3.) It is alleged that G. O. Ms. No. 321 dated 7th February, 1959, is ultra vires and void in as much as it is only the commissioner of Hackney Carriages that is competent to make or amend the by-laws and that the Government has no power to make any by-law under the said Act. It is further stated that even assuming that G.O.Ms.No.321, dated 7th February, 1959, is valid, the Commissioner cannot wholly prohibit plying of the single seater rickshaws and that the action of the Commissioner in requiring the rickshaw owners to remodel the vehicles into two seater rickshaws in ultra vires. Several other contentions were also raised but they are unnecessary to refer to in the view I have taken.